SARKODEE J.
This is an appeal against the judgment of the District Magistrate Grade II, Wasa-Akropong. The plaintiff-respondent (hereinafter referred to as the plaintiff) claimed against the defendant-appellant (hereinafter referred to as the defendant) one-third share of a cocoa farm she helped the defendant to cultivate whilst she lived with him for seven years as husband and wife during which three children were born to them. The plaintiff based her claim on customary law. Apart from the evidence of the plaintiff and that of her father as to the nature of the association between the plaintiff and the defendant, which evidence was strongly challenged in cross-examination, there was no independent testimony as to whether the defendant and the plaintiff contracted a valid customary law marriage or that they lived in concubinage.
That piece of evidence was vital to the respective interests of the parties in any properties they acquired during cohabitation. With regard to this therefore …